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End-User License Agreement (EULA):
Before using PPSN ("Pristine Professional Scanning Network") please read the following license agreement: PPSN LICENSE AGREEMENT NOTICE: By using this service, licensee (“LICENSEE”) is entering into a legal agreement and is agreeing to be bound by its terms, EVEN WITHOUT A SIGNATURE. Pristine Capital Holdings, Inc. (“PRISTINE”) is willing to license this Product(s) ONLY if LICENSEE is willing to accept all of these terms. CAREFULLY READ THIS AGREEMENT: If LICENSEE DOES NOT AGREE with any of its terms, use of the software is forbidden. 1) LICENSE. PRISTINE grants LICENSEE a limited, non-exclusive and non-transferable license to use this service and related documentation provided by PRISTINE to Licensee (collectively the "Licensed Product(s)"). The Licensed Product(s) also include any pre-generally available updates, new versions and upgrades. 2) RESTRICTIONS ON USE. LICENSEE acknowledges that the Licensed Product(s) represents and embodies valuable trade secrets of PRISTINE. Except in accordance with the terms of this License, LICENSEE agrees: a) not to decompile, disassemble, reverse engineer or otherwise attempt to derive the Licensed Product's source code from object code; b) not to sell, rent, lease, license, sublicense, display, modify, time share, outsource or otherwise transfer the Licensed Product to any third party; c) not to sell, rent, lease, license, sublicense, display, modify, time share, outsource or otherwise transfer any software that integrates with the Licensed Product to any third party; d) not to release any results of performance tests to any third party without PRISTINE's prior written consent; e) not to use the Licensed Product(s) for any purpose other than as specifically provided in this Agreement; and f) to use reasonable care and protection to prevent the unauthorized use, copying, publication or dissemination of the Licensed Product and PRISTINE confidential information learned from Licensee's use of the Licensed Product. 3) FEEDBACK. LICENSEE will provide PRISTINE feedback on the functionality and performance of the Licensed Product(s) at LICENSEE’s own discretion. 4) COPYRIGHT and OWNERSHIP. All title and copyrights in and to the Licensed Product(s), including but not limited to all modifications thereto, are owned by PRISTINE, and are protected by both United States copyright law and applicable international copyright treaties. LICENSEE agrees not to claim or assert title to or ownership of the Licensed Product(s). To the extent expressly permitted by applicable law or treaty notwithstanding this limitation, Licensee may copy the Licensed Product(s) only for backup or archival purposes, or as an essential step in utilizing the software, but for no other purpose. LICENSEE may not remove or alter any copyright or proprietary notice from copies of the Licensed Product(s). 5) DISCLAIMER OF WARRANTY AND LIABILITY. a) THE LICENSED PRODUCT(S), (INCLUDING WITHOUT LIMITATION ANY DOCUMENTATION), IS PROVIDED "AS IS" WITHOUT ANY WARRANTY. PRISTINE DOES NOT WARRANT THAT LICENSED PRODUCT(S) WILL SATISFY LICENSEE'S REQUIREMENTS, THAT LICENSED PRODUCT(S) ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF THE LICENSED PRODUCT(S) WILL BE UNINTERUPTED. PRISTINE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, MADE WITH RESPECT TO IT, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; and b) PRISTINE HAS NO LIABILITY TO LICENSEE OR ANY OTHER INDIVIDUAL OR ENTITY CONNECTED WITH LICENSEE FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT, SPECIAL, CONSEQUENTIAL AND INCIDENTAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE LICENSED PRODUCT(S), EVEN IF PRISTINE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. c) INFORMATION FOR STOCK OBSERVATIONS IS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT PRISTINE DOES NOT WARRANT ITS COMPLETENESS OR ACCURACY, OR WARRANT ANY RESULTS FROM THE USE OF THE INFORMATION. LICENSEE’S USE OF THE STOCK OBSERVATIONS ARE ENTIRELY AT LICENSEE’S OWN RISK AND IT IS LICENSEE’S SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE INFORMATION. LICENSEE MUST ASSESS THE RISK OF ANY TRADE WITH LICENSEE’S BROKER AND MAKE LICENSEE’S OWN INDEPENDENT DECISIONS REGARDING ANY SECURITIES MENTIONED HEREIN. AFFILIATES OF PRISTINE MAY HAVE A POSITION OR EFFECT TRANSACTIONS IN THE SECURITIES DESCRIBED HEREIN (OR OPTIONS THEREON) AND/OR OTHERWISE EMPLOY TRADING STRATEGIES THAT MAY BE CONSISTENT OR INCONSISTENT WITH THE PROVIDED STRATEGIES. 6) MISCELLANEOUS. a) All programs are subject to change without notice b) This Agreement is the entire understanding between LICENSEE and PRISTINE and replaces any prior communication, agreement or understanding of any kind, oral or written, concerning this subject matter. c) If any part of this Agreement is found to be invalid or unenforceable, that part will be modified to the extent necessary to eliminate its invalidity or unenforceability and the remaining terms will be in full force and effect. Licensee may not assign or otherwise transfer this Agreement or any of its rights or obligations without the prior written consent of PRISTINE. d) THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. e) Nothing in this Agreement will be construed as creating a joint venture, partnership or principal/agent relationship between the parties. f) Licensee acknowledges that the Licensed Product(s) is for educational purposes only.
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